SRINAGAR: Accused in the killing of class VII student, Wamiq Farooq in 2010, an assistant sub-inspector of police Abdul Khaliq has filed a second petition before Jammu and Kashmir High court, seeking transfer of case to Jammu.
January 31 marks the seventh death anniversary of Wamiq who was killed after a teargas shell fired allegedly by police hit him on the head near Gani Memorial Stadium at Rajouri Kadal in old Srinagar.
“On 31/01/2010, due to heavy stone pelting, public disturbance, (Khaliq) along with others was on duty to maintain law and order. While chasing stone pelters, (Khaliq), while performing duty on another street, heard the sound of firing of teargas shell and thereafter came to know unidentified persons was injured and taken to hospital,” Khaliq said in the petition filed by him through his ‘next friend’ Shahzad Ahmad, a resident of Kupwara.
He has alleged that “due to threat”, no lawyer in Valley was willing and ready to defend him.
“Huge amounts are spent by the state for security and safety of judges and they have taken oath to not succumb before pressure, threat etc but in the present case both the courts have not performed part of their duty with the result (Khaliq) is suffering in the jail from last about one year for no fault but for performing (his) duty,” he said.
The petition was filed by him in Jammu wing of the high court which sought response by the victim’s father—Farooq Ahmad Wani.
Complying with the court’s orders, Wani’s counsel advocate Aijaz Ahmad Dar said that detailed objections were filed before the court.
“On 31 January 2010, there was no stone pelting/ public disturbance going on at Gani Memorial stadium near Rajouri Kadal. The youth were busy in playing cricket and the deceased Wamiq Farooq was playing carom board with three other boys in the Gani Memorial Stadium. Some police personnel came down from the vehicle and started harassing and chasing the people without any provocation, the then ASI (Khaliq) ordered the respondent No.5 (Mohammad Akram, who was working as SPO) to fire tear smoke shell on Wamiq Farooq,” he said.
Wani said that Khaliq has pleaded wrong facts and serious allegations against the judges of the High court Srinagar and subordinate courts “do not exist anywhere and are unjustified.”
The first transfer application filed by Khaliq, he said, is already pending before the High court at Srinagar, which was sent by HC at Jammu itself.
“During the pendency of that application, the second one cannot be entertained. Two consecutive transfer applications filed on one and the same grounds are not maintainable under law which is nothing but nullity and non-est in the eyes of law,” advocate Aijaz, Wani’s counsel, said.
After Wamiq’s death, police had initially refused to register case, prompting his father to move court.